About the Conference

This
conference explores the regulatory takings issue as it relates to land
use and environmental regulation. In addition to offering a basic
education in modern takings law, the conference brings together a
diverse group of leading scholars and experienced practitioners to
discuss cutting-edge issues raised by recent decisions and pending court
cases. Some of the topics to be discussed include the practical
implications of the Supreme Court's 5 to 4 decision in Koontz v. St. Johns Water Management District
for state and local government land use standards and procedures. The
conference will also address the potential effects of the Supreme
Court's decision in Marvin M. Brandt Revocable Trust v. United States
on the Rails to Trails program in the western United States. National
experts will also discuss the new, hotly contested idea of using the
eminent domain power to take over underwater residential mortgages.
Other major topics will include the potential takings issues associated
with water management and possible takings claims that may arise from
efforts to adapt to climate change.

Key Questions to be Addressed

What is the future of inclusionary housing requirements in California?

Does a government restriction on the use of water to protect the environment result in a taking?

Can municipalities impose in lieu fees or other monetary exactions on developers after Koontz?

What will be the impact of the Brandt decision on future rail-trail projects in the West?

What takings issues are likely to arise from the Bay Delta Conservation Plan?

Can the eminent domain power help solve the problem of underwater mortgages?

Conference Schedule

7:30 to 9:30
Registration and Continental Breakfast

8:00 to 9:00Introductory Program on Takings and Related Constitutional Doctrines
Richard Frank, UC Davis Law School
Robert Meltz, Congressional Research Service

9:00 to 9:15
Welcome and Introductions

9:15 to 10:45Life after Koontz?
Ann Carlson, UCLA Law School
John Echeverria, Vermont Law School
Timothy Mulvaney, Texas A&M Law School
Shelley Saxer, Pepperdine University School of Law
Andrew Schwartz, Shute Mihaly and Weinberger

10:45 to 11:30Parcel as a Whole
David Dana, Northwestern University School of Law
Justin Pidot, University of Denver Sturm College of Law

11:30 to 12:30Taking Underwater Mortgages
John Ertman, Ropes & Gray
Robert Hockett, Cornell Law School

12:30 to 1:00
Lunch

1:00 to 1:45Joe Sax: An Appreciation
Holly Doremus, James H. House and Hiram H. Hurd Professor of Environmental Regulation, UC Berkeley School of Law

1:45 to 2:45Brandt and the Rails to Trails Program
Katherine Barton, U.S. Department of Justice
James Burling, Pacific Legal Foundation
Danaya Wright, Levin College of Law, University of Florida

2:45 to 3:45Water Regulation and Management
Ann Navaro, US Army Corps of Engineers
William Shapiro, US Department of Justice
Daniel Siegel, California Department of Justice

3:45 to 4:00
Break

4:00 to 5:30Adaptation to Coastal Change
Lisa Bova-Hiatt, New York State Office of Storm Recovery
Peter Byrne, Georgetown University Law Center
Sean Hecht, UCLA Law School
Hope Schmeltzer, California Coastal Commission
Christopher Serkin, Vanderbilt Law School

5:30 to 6:30
Reception

General Information

Lodging:

The following hotel located on the UC Davis campus has made
moderately priced rooms available to conference speakers and
participants: We urge conference speakers and participants to make their
reservations as soon as conveniently possible.

Disclaimer:

Speakers are subject to change.

Cancellations/Rain Checks:

Please email your cancellation notice to apatton@vermontlaw.edu
by 5:00 p.m. EST, September 15, 2014, for a refund (less $100
administrative fee). Rain checks for a future program will be granted
for cancellations received after September 15 and prior to the start of
the program.

CLE Credits:

Accreditation will be requested from the California Bar Association
for 8.5 credits (based on a 60-minute hour). UC Davis School of Law is
an accredited CLE provider in the State of California.

Information:

For questions or registration help, please contact Ashley Patton at Vermont Law School: